Neutral Citation No. - 2025:AHC:121946 Court No. - 72 Case :- APPLICATION U/S 482 No. - 18534 of 2024 Applicant :- Amit And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shikher Trivedi Counsel for Opposite Party :- G.A.,Gaya Prasad Mishra Hon'ble Deepak Verma,J. 1. Supplementary affidavit filed today, is taken on record. 2. Heard learned counsel for the applicants, learned counsel for the informant, and learned A.G.A. for the State. 3. The present 482 Cr.P.C. application has been filed to quash the impugned Charge-sheet dated 20.07.2014, impugned Cognizance/Summoning order dated 20.09.2014 passed by the Additional Chief Judicial Magistrate, Court No.4, Agra as well as the entire proceedings of Case No.270 of 2014 (State vs. Amit And Another), arising out of Case Crime No. 420 of 2014, under Sections 354-A(1), 323 and 506 IPC, Police Station- Shahganj, District- Agra, pending in the court of Special Chief Judicial Magistrate, Agra, on the basis of compromise. 4. Learned counsel for the applicants submitted that both the parties have lodged first information report against each other. He next submits that applicants and opposite party no.2 have amicably settled their dispute out of the Court. Applicant approached this Hon'ble Court by filing this 482 application with prayer to quash the proceedings on terms of compromise entered between the parties, the Hon'ble Court vide order dated 04.09.2024 passed following order:- "Heard Mr. Shikher Trivedi, the learned counsel for applicants, the learned A.G.A. for State and Mr. Gaya Prasad Mishra, the learned counsel for first informant/opposite party-2. Applicant- Amit and another who are charge sheeted accused have approached this Court by means of present application under section 482 Cr.P.C. with the following prayer: "It is, therefore, Most Respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned charge-sheet dated 20.07.2014 filed against the applicants U/s- 354-A(1), 323 and 506 IPC, Police Station- Shahganj, District- Agra and the impugned Cognizance/Summoning order dated 20.09.2014 passed by the Additional Chief Judicial Magistrate, Court No.4, Agra and the other subsequent orders as well as the entire proceedings of Case No.270 of 2014 (State Vs Amit And Another) pending in the court of Special Chief Judicial Magistrate, Agra arising out of Case Crime No. 420 of 2014, U/s- 354-A(1), 323 and 506 IPC, Police Station- Shahganj, District- Agra on the basis of compromise. It is further prayed that this Hon'ble Court may be pleased to stay further proceedings of Case No.270 of 2014 (State Vs Amit And Another) pending in the court of Special Chief Judicial Magistrate, Agra arising out of Case Crime No. 420 of 2014, U/s- 354-A(1), 323 and 506 IPC, Police Station- Shahganj, District- Agra; and/ or pass any other and further order which this Hon'ble Court may deem fit under the facts and circumstances of the case." Learned counsel for applicants submits that during pendency of aforesaid criminal case, parties amicably settled their dispute outside the Court. In view of the settlement arrived at by the parties. In view of the settlement arrived at by the parties, a compromise was entered into by the parties. On the basis of above, an application dated 12.4.2024 was duly filed by parties before Court below with the prayer that the aforesaid proceedings be terminated in the light of compromise entered into by the parties. Certified copy of the same has been brought on record as Annexure-4 to the affidavit. Learned counsel for applicant submits that though aforesaid application was filed on 12.4.2024 before Court below and a period of about four months has rolled by, no consequential order has been passed by Court below on the said application. He, therefore, submits that interest of justice shall be served in case the entire proceedings are quashed by this Court itself in terms of the compromise so entered into by the parties. Per contra, the learned A.G.A. has opposed the present application. According to the learned A.G.A. in view of the prohibition contained in section 320 Cr.P.C. no order on the basis of aforementioned application dated 12.4.2024 for terminating the proceedings of aforesaid case on the basis of compromise could have been passed by Court below. As such, no illegality can be said to have been committed by Court below. Learned counsel for opposite party-2 however, submits that once the first informant/opposite party-2 has herself entered into a compromise with the accused applicants, therefore, he cannot have any objection in case present application is allowed in terms of the compromise entered into by the parties. Be that as it may essence of the matter is that parties have entered into a compromise but the same has not yet been verified by Court below. The Apex Court in the case of Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Others Vs. State of Gujarat and annother, 2017 (9) SCC 641 has now provided detail guidelines in matter relating to compromise in criminal proceedings. Compromise can now be entered into by the parties even in respect of cogniazable and non compoundable offences also but subject to exception provided by the Apex Court itself. In view of of above, the parties are directed to appear before Court below on 18.9.2024, for verification of compromise. In case the parties appear before Court below on the date fixed for verification of compromise, the Court below shall proceed to verify the same in the compliance of this order. After verification of compromise, the Court below shall transmit the true copy of the order, by which the compromise has been verified and also its report regarding verification of compromise to this Court before this Court before the next date fixed. List for admission on 15.10.2024. Considering the facts and circumstances of the case, as noted herein above, as an interim measure it is hereby provided that it is hereby provided that until further orders of this Court, no coercive action shall be taken by Court below against applicants in Case No. Case No.270 of 2014 (State Vs Amit And Another) now pending in the court of Special Chief Judicial Magistrate, Agra arising out of Case Crime No. 420 of 2014, U/s- 354-A(1), 323 and 506 IPC, Police Station- Shahganj, District- Agra." 5. In pursuance of order of this Court dated 04.09.2024, the Trial court vide order dated 18.09.2024 verified the parties as well as compromise application through their counsels. Verification report dated 18.09.2024 has been transmitted to this Court vide letter dated 18.09.2024 by Special Judicial Magistrate, Agra. He further submitted that applicants and opposite party no.2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicants. He further submitted that applicants and opposite party no.2 have settled through compromise their private and civil dispute and as such opposite party no.2 does not wish to press the aforesaid case against the applicants. Opposite party no.2 is ready to withdraw the prosecution of the applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on. 6. Learned counsel appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him. He submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid case are quashed. 7. Learned AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further. 8. The Hon'ble Apex Court in the case of Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan (2019) 5 SCC 688, wherein Hon'ble Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non- compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and another [2013 (83) ACC 278], in which, law expounded by the Hon'ble Apex Court in the aforesaid cases has been explained in detail. 9. Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case. 10. Accordingly, the impugned Charge-sheet dated 20.07.2014, impugned Cognizance/Summoning order dated 20.09.2014 passed by the Additional Chief Judicial Magistrate, Court No.4, Agra as well as the entire proceedings of Case No. 270 of 2014 (State vs. Amit And Another), arising out of Case Crime No. 420 of 2014, under Sections 354-A(1), 323 and 506 IPC, Police Station- Shahganj, District- Agra, pending in the court of Special Chief Judicial Magistrate, Agra, are hereby quashed. 11. This application under Section 482 Cr.P.C. is accordingly allowed. Order Date :- 24.7.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad